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Title 42, The Public Health and WelfareRelease 119-110

§3613 Enforcement by Private Persons

Title 42 › CHAPTER 45 — FAIR HOUSING › SUBCHAPTER I — GENERALLY › § 3613

Last updated Sep 22, 2026|Official source

Summary

A person who says they were harmed by housing discrimination can sue in a federal or state court. They must start the lawsuit within 2 years after the discriminatory act or after a breach of a conciliation agreement, whichever happens last. The 2-year time limit does not count the time a related administrative complaint was pending, but that pause does not apply to conciliation breaches. A person can sue even if no administrative complaint was filed, except if they agreed to a conciliation agreement—then they can only sue to enforce that agreement. A private suit can also be blocked if the Secretary issued a charge and an administrative law judge has already begun a hearing on that charge. If someone asks, the court can appoint a lawyer or let a case go forward without fees if the person cannot pay. If the court finds discrimination or that it is about to happen, it can order money for real losses and extra money to punish the wrongdoer, and it can issue injunctions or other orders to stop the practice or require corrective action. The court may also award reasonable lawyer fees and costs to the winner (other than the United States), and the United States can be held responsible for such fees. Any relief given will not undo earlier sales, mortgages, or leases made to good-faith buyers, lenders, or renters who had no actual notice of a complaint or lawsuit. The Attorney General may join the case if they apply on time and say the case is important to the public, and then may seek the same kinds of relief the law allows the Attorney General in similar cases.

Full Legal Text

Title 42, §3613

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Civil action
(1)(A)An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.
(B)The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement.
(2)An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 3610(a) of this title and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.
(3)An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this subchapter with respect to such charge.
(b)Appointment of attorney by court
Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may—
(1)appoint an attorney for such person; or
(2)authorize the commencement or continuation of a civil action under subsection (a) without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action.
(c)Relief which may be granted
(1)In a civil action under subsection (a), if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (d), may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate).
(2)In a civil action under subsection (a), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person.
(d)Effect on certain sales, encumbrances, and rentals
Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the Secretary or civil action under this subchapter.
(e)Intervention by Attorney General
Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon such intervention the Attorney General may obtain such relief as would be available to the Attorney General under section 3614(e) of this title in a civil action to which such section applies.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3613, Pub. L. 90–284, title VIII, § 813, Apr. 11, 1968, 82 Stat. 88, related to

Enforcement

by Attorney General by bringing civil action requesting preventive relief, prior to repeal by Pub. L. 100–430, § 8(2).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an

Effective Date

of 1988 Amendment note under section 3601 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3613

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110